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KANSAS CITY SOUTHERN RY. CO. v. NUSSBECK

No. 07-02-0279-CV.

135 S.W.3d 874 (2004)

The KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, v. Henry NUSSBECK, Appellee.

Court of Appeals of Texas, Amarillo.

February 27, 2004.

Attorney(s) appearing for the Case

J. Mitchell Smith, Stephen H. Forman, Germer, Bernsen & Gertz, L.L.P., Beaumont, for Appellant.

Michael H. Hennen, Arthur Sadin, Provost-Umphrey, L.L.P., Friendswood, for Appellee.

Before QUINN and REAVIS and CAMPBELL, JJ.

OPINION

JAMES T. CAMPBELL, Justice.

Appellee Henry Nussbeck brought suit under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60, against his employer, appellant The Kansas City Southern Railway Company (KCS), alleging on-the-job injuries. The suit was settled before trial, but during preparation of the settlement documents the parties disagreed over whether KCS was entitled to set off $8177.81 in benefits paid Nussbeck under a Supplemental...

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